Understanding DWI Nondisclosure Texas: Your Guide to Sealing Records
What is a Nondisclosure Order?
A nondisclosure order is a legal mechanism under Texas law that seals specific parts of your criminal record, limiting access by the public and most private employers. This order ensures that information about the sealed offense is not disclosed on routine background checks, providing a second chance for individuals to move forward without the stigma of a criminal history. Importantly, while you won’t need to disclose the offense on most job applications, certain state agencies and licensing boards may still access the sealed criminal records for regulatory purposes.
This order applies to a particular criminal offense and not your entire criminal history record. For those facing the consequences of a DWI conviction, obtaining a nondisclosure order under Texas law can be a critical step toward reclaiming opportunities and peace of mind.
Eligibility for DWI Nondisclosure under Deferred Adjudication Community Supervision
To qualify for a DWI nondisclosure, you must meet strict eligibility criteria set by the Texas Government Code for a first-time Driving While Intoxicated offense. First, you must have been placed on deferred adjudication community supervision for your DWI conviction and successfully completed your probation period. This reflects the state’s intent to offer relief only to individuals who have demonstrated responsibility and compliance.
Certain exclusions apply. For example, you cannot have prior convictions for felonies within the last five years before the DWI offense. Additionally, offenses involving family violence, aggravated kidnapping, or sexual assault disqualify applicants. The eligibility criteria ensure that the nondisclosure order is available only to those who meet specific circumstances and pose no threat to public safety.
DWI Conviction and Nondisclosure
A first-time Texas DWI conviction with a blood alcohol concentration (BAC) of less than 0.15 may qualify for a nondisclosure order under new Texas law. However, cases involving a motor vehicle accident involving another person or severe injuries often fall outside the scope of eligibility.
The ability to seal your DWI record through a nondisclosure order is a significant benefit. It removes a major barrier to employment, housing, and other opportunities. Those convicted or placed on deferred adjudication for eligible offenses should work with an attorney to determine their path forward.
Waiting Periods for DWI Nondisclosure
Texas law enforces specific waiting periods before individuals can petition the court for a nondisclosure order. For minor offenses punishable by fines only, a two-year waiting period applies. For more severe cases involving a potential jail sentence, the waiting period extends to five years.
These applicable waiting periods start after the successful completion of probation or community supervision. Waiting ensures the individual has had sufficient time to demonstrate reform, providing assurance to the court and state agencies.
Crimes That Cannot Be Subject to an Order of Non-Disclosure
Certain offenses are explicitly excluded from eligibility for a nondisclosure order, including:
Aggravated kidnapping
Sexual assault
Offenses involving family violence
Any crime requiring sex offender registration
These exclusions underline the state’s focus on ensuring public safety. For individuals with such offenses, alternative legal remedies may be explored, though the path is considerably narrower.
How to Petition for a Nondisclosure Order
To initiate the process, you must petition the court in the jurisdiction where the offense occurred. This requires submitting proof of eligibility, such as your criminal history record and evidence of successful completion of probation. A filing fee is also required.
The process can be intricate, and the court may request additional evidence or conduct a hearing to determine whether granting the order aligns with the best interest of public safety. Hiring an experienced attorney can streamline the process and improve your chances of success.
The Nondisclosure Process
The nondisclosure process begins with filing your petition, after which the court reviews your case. If approved, the court issues an order of nondisclosure that is sent to relevant agencies, including the Texas Department of Public Safety. These agencies seal your criminal history record, ensuring the offense is no longer accessible through routine background checks.
Once sealed, you are no longer required to disclose the offense on most job applications or housing forms, offering a pathway to rebuild your life without the weight of a criminal record.
Filing and Review
Filing for a nondisclosure order in Texas involves several critical steps. First, you need to determine the specific type of nondisclosure order you are eligible for. Resources like the Nondisclosure Order Prep Guide and the Fresh Start app can assist in identifying the correct type of order for your situation. Once you have this information, you must file your petition or application with the clerk of the court that handled your case. The clerk will ensure that both the judge and the prosecutor receive a copy of your petition.
It’s essential to use the correct form tailored to your specific circumstances. According to the Texas Government Code, you must meet certain eligibility requirements, such as completing deferred adjudication community supervision or probation, and not having any other convictions or deferred adjudications for specific offenses. Additionally, you must adhere to the applicable waiting period, which varies based on the type of offense and the sentence imposed.
After filing your petition, the court will review your application to determine your eligibility for a nondisclosure order. The court may consider various factors, including the nature of the offense, your criminal history, and any evidence presented by the state. If the court grants your petition, it will issue a nondisclosure order, effectively sealing your criminal record from public view.
Sealing of Records
A nondisclosure order in Texas serves to seal part of your criminal record, making it inaccessible to the general public. However, it’s important to note that certain state agencies and licensing boards may still access information regarding an offense subject to an order of nondisclosure. This order applies only to a specific criminal offense, and you may obtain multiple orders of nondisclosure for different offenses.
If the court grants your petition, the clerk will send a copy of the order to the Texas Department of Public Safety (DPS) and any other agencies you listed. The DPS will then seal the offense within its records and forward a copy of the order to the necessary federal agencies. Additionally, you can contact the Foundation for Continuing Justice to request that they send copies of the nondisclosure order to private companies that might have your record on file.
It’s crucial to understand that a nondisclosure order does not expunge your criminal record. Expunction and nondisclosure are distinct processes for removing or sealing your criminal record. Expunctions are typically available for offenses that were dismissed or resulted in an acquittal, whereas nondisclosures are available for offenses that resulted in a conviction or deferred adjudication probation.
In Texas, a nondisclosure order can be an effective way to seal your criminal record and prevent it from being used against you in the future. However, understanding the eligibility requirements and the process involved in filing for a nondisclosure order is essential. Consulting with an experienced attorney can help you navigate the process and ensure that your rights are protected.
Benefits of a Nondisclosure Order
A nondisclosure order offers significant benefits, including sealing your DWI record, improving your chances to obtain employment, and gaining access to certain licenses or certifications. It also eliminates the need to disclose the offense in most circumstances, allowing you to focus on your future without fear of stigma.
For many individuals, this legal tool is a lifeline, reducing barriers and enabling a fresh start. Consulting with an attorney ensures you maximize these benefits while navigating the complex legal requirements.
Hiring an Experienced Attorney
Navigating the nondisclosure order process can be challenging, making it essential to work with an experienced criminal defense attorney. An attorney will assess your eligibility, assist with filing your petition, and represent you in court to advocate for your best interests.
Hiring legal counsel ensures your application is error-free and supported by compelling evidence, increasing the likelihood of a favorable outcome. Many attorneys offer a free consultation, making it easy to explore your options.
Conclusion
For individuals facing the consequences of a DWI conviction, a nondisclosure order under Texas law can be transformative. By sealing your record, you can access better opportunities and move forward without the stigma of a criminal history. With the guidance of a skilled attorney, you can navigate the process and secure a brighter future.